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Apr 20, 2013
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richard herman is a criminal defense attorney, a law professor as well. he's joining us from las vegas. thanks very much for coming in. let's start with the fact that the government did not read the suspect his miranda rights invoking the public safety exception. avery, what do you think about that decision? >> i think it's an incorrect decision. i don't think there should be any delay in mirandizing. the job is to secure a convicti conviction. at the same time, intelligence personnel are going to be talking to this individual, talking to tsarnaev because there are issues unrelated to his personal issue criminality. and miranda has nothing to do with that, wolf. so we're seeing federal officials making the interview, trying to ask questions will have nothing to do withmy ran did. it's imperative because we don't want to jeopardize this prosecution in any way. i think it's imperative it be done now. >> richard, do you agree? >> well, i do think he should be mirandized, but we have heard interviews earlier today where the justice department says they don't
richard herman is a criminal defense attorney, a law professor as well. he's joining us from las vegas. thanks very much for coming in. let's start with the fact that the government did not read the suspect his miranda rights invoking the public safety exception. avery, what do you think about that decision? >> i think it's an incorrect decision. i don't think there should be any delay in mirandizing. the job is to secure a convicti conviction. at the same time, intelligence personnel are...
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Apr 22, 2013
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a defense of knowledge. it's not clear at all at this point whether dzhokhar knew the ramifications of what he was doi doing, or knew what if anything was in the backpack that he was carrying. we don't know what his brother told him. we don't know what he agreed to. we don't know if he felt under pressure or threat from his brother or from others. all of these are open questions that will need to be explored. >> and, tamar, this is one of the issues i wondered right away. when the statements were made that there's evidence of video of dzhokhar dropping a backpack and walking away callously, that is a very, very specific piece of evidence if in fact it's true. would that be the argument that a defense attorney perhaps someone like you would think of right away, does he even know what's in that backpack given the kind of person we now know his alleged co-conspirator to have been? >> absolutely. you know, knowledge, as i said, will be a key element here. and it will be something that the u.s. government is goin
a defense of knowledge. it's not clear at all at this point whether dzhokhar knew the ramifications of what he was doi doing, or knew what if anything was in the backpack that he was carrying. we don't know what his brother told him. we don't know what he agreed to. we don't know if he felt under pressure or threat from his brother or from others. all of these are open questions that will need to be explored. >> and, tamar, this is one of the issues i wondered right away. when the...
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Apr 23, 2013
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>> it could be part of a defense strategy. it is difficult to second guess what another lawyer may do or may not do. certainly, there are some indications in this case that that defense will at least be thoroughly investigated. the fact that the older brother went to georgia. that he was of interest to have the russian security services. those are all points that the defense will explore, not unlike the d.c. sniper. you will recall there that the older man received the death penalty but the younger one did not. the defense has plenty to work with here. >> dzhokhar tsarnaev is 19 years old. dzhokhar tsarnaev is an adult. he was going to college. he has some level of intelligence here. so i'm not sure he can make the same kind of case in the sniper case that he was under the sway of an older person, no? >> that will be the question by the government and the defense will look at. the fact that he's 19 and a college student -- i've taught college before and a lot of 19-year-old college students are not very well versed in critical
>> it could be part of a defense strategy. it is difficult to second guess what another lawyer may do or may not do. certainly, there are some indications in this case that that defense will at least be thoroughly investigated. the fact that the older brother went to georgia. that he was of interest to have the russian security services. those are all points that the defense will explore, not unlike the d.c. sniper. you will recall there that the older man received the death penalty but...
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Apr 21, 2013
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believe it or not technology and techniques and training that have been developed in the department of defense and elsewhere we have 24-hour surveillance from a drone or other data source capturing modes. all of it is moving lightning speed, but it is the future, and the future is now and we will see more and not less. >> on a personal note, you live in watertown? >> yes, we saw you all week, and you were standing in front of my kids' favorite restaurant. >> town diner. >> dunkin' donut, and so it is a terrible and emotional week for me. >> family and everybody okay? >> family is fine, and i was at m.i.t. two blocks from where that police officer was killed, so it is has been a big week. >> thank you. thank you. >> thank you. >> appreciate your joining us. so unclear in all of this as we have been discussing this, the motive. what is behind this horrible crime? and get this, the fbi was warned about one of the tsarnaev brothers. >>> just who are the two brothers implicated in this horrible week of violence? dzhokhar and his brother came here from the chechen region. the fbi asked to investigat
believe it or not technology and techniques and training that have been developed in the department of defense and elsewhere we have 24-hour surveillance from a drone or other data source capturing modes. all of it is moving lightning speed, but it is the future, and the future is now and we will see more and not less. >> on a personal note, you live in watertown? >> yes, we saw you all week, and you were standing in front of my kids' favorite restaurant. >> town diner....
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Apr 23, 2013
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awareness of your surroundings could be the only defense. david mattingly, cnn, new mexico. >> perspective on this. as we're learning every day, stopping someone before they can commit an act like this is very difficult. more difficult than we even imagined sometimes. however, what made the difference at the marathon was how people responded after the bombs went off. tremendous energy, tremendous know-how and triage, and the more they understand about these bombs and what they can do, the better first responders can limit the impact and that's part of the equation how we stay safer. >>> we're going to take a break. emotions of anger, disbelief, heartbreak from the mother of the boston bombing suspects. she speaks out to cnn. what she says, when we come back. this day calls you. to fight chronic osteoarthritis pain. to fight chronic low back pain. to take action. to take the next step. today, you will know you did something for your pain. cymbalta can help. cymbalta is a pain reliever fda-approved to manage chronic musculoskeletal pain. one n
awareness of your surroundings could be the only defense. david mattingly, cnn, new mexico. >> perspective on this. as we're learning every day, stopping someone before they can commit an act like this is very difficult. more difficult than we even imagined sometimes. however, what made the difference at the marathon was how people responded after the bombs went off. tremendous energy, tremendous know-how and triage, and the more they understand about these bombs and what they can do, the...
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Apr 24, 2013
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chan change, the moment we change, the moment we look inward, the moment we get on a crouch on our defensive, that's the moment when they win. what makes me so proud of this great state and the city of boston and cambridge and all those involved and the students on this campus, what makes me so proud to be an american is that we have not yielded to our fears. we have not compromised our values. we have not weakened our instituti constitutional guarantees. we have not closed our borders. just look around this field at the student body here. just listen to the accents of the president and vice president, this is a diverse campus. probably the greatest technological university in the world, it's black, it's white, it's muslim, it's christian, it's jewish, it's hindu. that's who we are. you represent every community in the world. and what do you do? you challenge your orthodox as they try to impose it. you push the envelope. you know that no change can come without jettison in the past, you're on the edge of science and technology. you make no distinction between the competence of male and femal
chan change, the moment we change, the moment we look inward, the moment we get on a crouch on our defensive, that's the moment when they win. what makes me so proud of this great state and the city of boston and cambridge and all those involved and the students on this campus, what makes me so proud to be an american is that we have not yielded to our fears. we have not compromised our values. we have not weakened our instituti constitutional guarantees. we have not closed our borders. just...
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Apr 21, 2013
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. >> defense secretary chuck hagel spoke about the bombings today while on a flight to israel saying, the attack was criminal and every region of the world is not safe from these terrible acts. >> i have not seen any intelligence that would make such a link, but as you know, all of the facts are not in. all of the dynamics and intelligence is not complete and until we know that, until we get more pieces, we won't be able to answer some of those questions. >> hagel also said the obama administration doesn't have enough information yet to decide whether the surviving 19-year-old tsarnaev brother should be sent to the guantanamo bay prison for terror suspects. >>> we're learning much, much more about the suspects now from the russian republic of dagestan where their father now lives. now cnn can exclusively reveal alleged boston bomber tamerlan tsarnaev, the older brother, had video of a jihadist on his youtube channel. let's get to nick paton walsh now, he joins us by phone from dagestan. so nick, what do you know about this video? i just spoke with the police commissioner here in bosto
. >> defense secretary chuck hagel spoke about the bombings today while on a flight to israel saying, the attack was criminal and every region of the world is not safe from these terrible acts. >> i have not seen any intelligence that would make such a link, but as you know, all of the facts are not in. all of the dynamics and intelligence is not complete and until we know that, until we get more pieces, we won't be able to answer some of those questions. >> hagel also said...
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Apr 22, 2013
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time is the ally of the defense. we were all outraged and horrified as well we should have been by the murders in tucson by jared lee loughner, including the shooting of gabrielle giffords. that ended in a plea bargain. jared lee loughner pleaded guilty to a crime that carried life in prison rather than the death penalty. time helps the defense and the defense is going to want to kick this can down the road as long as humanly possible. >> all right, jeffrey toobin, sunny hostin and larry mackey, thank you so much. >>> up next, we'll talk to our correspondent, brian todd who has been here. in fact, we are learning new information about this mosque in cambridge. i was in cambridge all day friday and these two young men lived in this apartment on norfolk street just down the road was this mosque. getting some new information about how -- from the emimam, wt was said about whether they attended. [ male announcer ] you are a business pro. governor of getting it done. you know how to dance... with a deadline. and you...ren
time is the ally of the defense. we were all outraged and horrified as well we should have been by the murders in tucson by jared lee loughner, including the shooting of gabrielle giffords. that ended in a plea bargain. jared lee loughner pleaded guilty to a crime that carried life in prison rather than the death penalty. time helps the defense and the defense is going to want to kick this can down the road as long as humanly possible. >> all right, jeffrey toobin, sunny hostin and larry...
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Apr 24, 2013
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he says that in defense of her client. the officials said they have not had a new suspect or they believe this person who has a grudge is involved at all. >>> chris cuomo is going to be talking to him live 1:00 p.m. eastern. >>> one of the men accused of planning an al qaeda backed attack on a passenger train appeared to court today in toronto, canada. he plotted to derail a train headed from canada to new york by setting off explosives. his alleged accomplice appeared in court yesterday. authorities have net released details about either suspect. >>> an eight story building collapsed in bangladesh killing more than 70 people today. they are looking for those who may still be trapped in the ruins. it is a grisly scene. you may remember a fire killed more than a 100 people a few months ago. >>> tamerlan tsarnaev spent six months in russia last year. did his trip have anything to do with last week's terror attack? we're going to take you to dagestan to try to retrace some of his steps right of that. before local farmers and
he says that in defense of her client. the officials said they have not had a new suspect or they believe this person who has a grudge is involved at all. >>> chris cuomo is going to be talking to him live 1:00 p.m. eastern. >>> one of the men accused of planning an al qaeda backed attack on a passenger train appeared to court today in toronto, canada. he plotted to derail a train headed from canada to new york by setting off explosives. his alleged accomplice appeared in...
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Apr 23, 2013
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number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepared to cooperate. he apparently is beginning to blame his brother. he probably wants to live, not die. and so we're going to see a kind of not a defense on the merits, but please don't execute me. and then, of course, the defense lawyers have to make a hard decision. should the trial be in boston where everybody is a victim, or should it be moved to springfield, which might have a fairer jury, but the jury pool might be more inclined to give the death penalty. a hard judgment call that any defense lawyer has to make in a case like this. >> all right. here is the big topic of conversation i want you two to take up on, potentially from
number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepared to cooperate. he apparently is beginning to blame his brother. he probably wants to live, not die. and so...
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Apr 23, 2013
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justification, the eyes of the law and the courts in the united states, none of that will suffice as a defense and we should be clear with viewers, no matter what dzhokhar says now, the fact that he and his brother don't represent muslims and islams around the world, this was -- you know, this was their view and their own justification for really what were horrific acts of violence? >> do we know, fran, if the information that the younger tsavraev, the 19-year-old tsavraev has been providing the fbi about his older brother, the motivation, the bomb, the denial of any link to a formal international terrorist group, this information was provided before or after that judge/magistrate was there and r read him his miranda rights? the right to remain silent and the right to have an attorney? >> sources have indicated to us that was part of a questioning that they did under the -- fbi agent does under a national security exemption, before he was assigned counsel. they had the ability in the interest of public safety exception to be able to ask questions, were there additional coconspirators, where an
justification, the eyes of the law and the courts in the united states, none of that will suffice as a defense and we should be clear with viewers, no matter what dzhokhar says now, the fact that he and his brother don't represent muslims and islams around the world, this was -- you know, this was their view and their own justification for really what were horrific acts of violence? >> do we know, fran, if the information that the younger tsavraev, the 19-year-old tsavraev has been...
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so i think it is a tough road for a defense attorney in this case. >> reporter: i was just thinking about this as you said that, being influenced by his older brother, because he was 19. where when swup omeone is trieda minor, do you know what it is? >> usually, it is 17 or 18. he is 19. he is not considered a minor. he is not a minor. he is young to have a criminal record. >> he is just outside of it at 18. i was just wondering. it is just a question i was wondering here. >> that will work in his favor. that works in his favor. that's what, i anticipated your next question. sorry. >> you mean the death penalty. is that what you are talking about here? there is not a state death penalty here. he is going to face federal death penalty charges, we are hearing the possibility of that. >> yes. there is a possibility. because a weapon of mass destruction, the charges carry the death penalty. his age, 19 years old, no criminal record, is a factor to be considered in his favor to mitigate against the death penalty. so that works in his favor. however, there is plenty that works against him. >> b
so i think it is a tough road for a defense attorney in this case. >> reporter: i was just thinking about this as you said that, being influenced by his older brother, because he was 19. where when swup omeone is trieda minor, do you know what it is? >> usually, it is 17 or 18. he is 19. he is not considered a minor. he is not a minor. he is young to have a criminal record. >> he is just outside of it at 18. i was just wondering. it is just a question i was wondering here....
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Apr 20, 2013
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he's a criminal defense attorney, she's also a former prosecutor. so holly, cnn has been told that dzhokhar tsarnaev will be questioned under something called the public safety exception which means he will not be read his miranda rights and senator john mac cain wants his classified as an enemy combatant. >> don, that's going to be borne out by an investigation which is still ongoing. the reason that john mac cain and others are pushing for this, they want to get to the bottom of this. they want to know is this just an act by this two particular brothers or is this widespread. this international terrorism. but the problem is this is going to come they don't have enough to label them as enemy combatant. these are young men that have been in the country for a while. anybody who has watched tv knows they have a right to remain silent. so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to
he's a criminal defense attorney, she's also a former prosecutor. so holly, cnn has been told that dzhokhar tsarnaev will be questioned under something called the public safety exception which means he will not be read his miranda rights and senator john mac cain wants his classified as an enemy combatant. >> don, that's going to be borne out by an investigation which is still ongoing. the reason that john mac cain and others are pushing for this, they want to get to the bottom of this....
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. >> a good criminal defense lawyer -- you're a lawyer -- if they make the younger brother is going to be tried with a death sentence, if in fact they make the case he was brainwashed by his older brother, perhaps a jury would say he doesn't deserve the death penalty. >> that will be a defense. there are a lot of questions about whether a trial will actually occur. if he has pled, there may be all variations of a trial to occur, including something boston has been to be prepared for is whether a trial really happen here. a good defense attorney is going to say there's no way we can get an objective crime if boston. >> timothy mcveigh committed his crime in oklahoma city but he was tried in indiana. thanks very much. >>> we're back in a moment with more from what's going on here in boston. stay with me. boom. heart attack. the doctor recommends bayer aspirin to keep this from happening to me again. it's working. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. it can happen to anyone. talk to your doctor. [ beeping ] ♪ [ male announcer ] we don't
. >> a good criminal defense lawyer -- you're a lawyer -- if they make the younger brother is going to be tried with a death sentence, if in fact they make the case he was brainwashed by his older brother, perhaps a jury would say he doesn't deserve the death penalty. >> that will be a defense. there are a lot of questions about whether a trial will actually occur. if he has pled, there may be all variations of a trial to occur, including something boston has been to be prepared for...
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Apr 21, 2013
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meanwhile, the defense secretary chuck hagel spoke about the bombing investigation today. he said so far he has not seen any intelligence directly linking the surviving suspect and his older brother, the 26-year-old tamerlan tsarnaev, to any, any terrorist organization per se, but the chairman of the house intelligence committee says the older tsarnaev who was killed after the shootout with police, may have become seriously radicalized by islamic extremists when he went to russia last year. here's what the house homeland security chairman had to say today on cnn's state of the union. >> there were reports they had suicide vests on. you don't learn that overnight. i personally believe that this man received training when he was over there, and he radicalized from 2010 to the present, and nine months after he comes back from the chechen region, he pulled off the largest terror attack since 9/11. >> after a dramatic shootout with police that killed his older brother and then eluding police in an intense day-long manhunt, dzhokhar tsarnaev is hospitalized. he's described as be
meanwhile, the defense secretary chuck hagel spoke about the bombing investigation today. he said so far he has not seen any intelligence directly linking the surviving suspect and his older brother, the 26-year-old tamerlan tsarnaev, to any, any terrorist organization per se, but the chairman of the house intelligence committee says the older tsarnaev who was killed after the shootout with police, may have become seriously radicalized by islamic extremists when he went to russia last year....
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Apr 17, 2013
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advise him that his cooperation, you know, depending on what the government was willing to say to this defense lawyer, whether or not and what benefit he might get as a result of his cooperation. remember, from the very beginning, from the president on down, everyone has said public safety is the first and highest priority. so the first question he's going to be asked is are there more devices and where are they? and, you know, and so if that were the case, i'm not suggesting it is, but it certainly is the first question you want to ask and to get to find any additional devices you would want -- you would want to give him the benefit of that cooperation. so this will have to -- it unfolds very methodically, right, the investigators have questions and in the order of the priority they're going to ask him, public safety will come first. second is to identify any additional potential conspirators who may have been involved in the planning or execution of the bombing. >> all right. fran, stand by. don't go away. we're going to continue the nonstop coverage here. our team coverage of what's going o
advise him that his cooperation, you know, depending on what the government was willing to say to this defense lawyer, whether or not and what benefit he might get as a result of his cooperation. remember, from the very beginning, from the president on down, everyone has said public safety is the first and highest priority. so the first question he's going to be asked is are there more devices and where are they? and, you know, and so if that were the case, i'm not suggesting it is, but it...
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Apr 21, 2013
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but what about the defense angle? we're digging deep into that when our special coverage of the newsroom continues. everybody has different investment objectives, ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. yeah, i'm looking to save, but i'm not sure which policy is right for me. you should try our coverage checker. it helps you see if you have too much coverage or not enough, making it easier to get what you need. [ beeping ] these are great! [ beeping ] how are you, um, how are you doing? i'm going to keep looking over here. probably a good idea. ken: what's a good idea? nothi
but what about the defense angle? we're digging deep into that when our special coverage of the newsroom continues. everybody has different investment objectives, ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus,...
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Apr 22, 2013
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there are a number of factors that the defense will use. he's only 19 years old. the supreme court has said that no one under 18 can even be considered for the death penalty. so his youth is one reason. the other point as you mentioned is, what was the influence? was he brain wauwashbrainwashed? was he coerced by his older brother? the other factor is what role he actually played, how the division of labor took place. we don't know that at this point. if he was very much the minor player, that will be another factor. that's something that's going to play out over a number of months. >> he's got to get healthy presumably before anything significant can be done. if he's communicating right now, he's not been read his miranda rights, but he's writing answers to questions. what do you make of that from the legal perspective, that he's at least giving some answers to the fbi? >> that suggests his arraignment will be held soon. he can't be arraigned if he can't understand what's going on. he has to be able to be told what the charges are. he has to be given a lawyer. he
there are a number of factors that the defense will use. he's only 19 years old. the supreme court has said that no one under 18 can even be considered for the death penalty. so his youth is one reason. the other point as you mentioned is, what was the influence? was he brain wauwashbrainwashed? was he coerced by his older brother? the other factor is what role he actually played, how the division of labor took place. we don't know that at this point. if he was very much the minor player, that...
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Apr 24, 2013
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with the mother, we heard her clearly loving her sons and in defense of them. and that's all fine. but it's actually meaningless thing in the context of what the investigators are interested in which will be facts that they can pursue. >> final question to you. we understand the questioning lasted for hours and yesterday, apparently, at some point this father became sick. can you read anything into that? >> i don't think so. i know what all of us know from the media, there were reports he was gravely ill in some undefined way. it's a stressful thing to talk to an american official. it's extremely stressful to lose your children under any circumstance, particularly when they are the objects of national revulsion. and it appears to be terrorists. so one can understand feeling badly in any circumstance like that. >> thank you so much. professional who knows how these kinds of interrogations can go. thank you so much. i appreciate it. >> my pleasure. >>> coming up, he was arrested, accused of trying to send a poisonous letter to the president and other officials then abruptly this guy
with the mother, we heard her clearly loving her sons and in defense of them. and that's all fine. but it's actually meaningless thing in the context of what the investigators are interested in which will be facts that they can pursue. >> final question to you. we understand the questioning lasted for hours and yesterday, apparently, at some point this father became sick. can you read anything into that? >> i don't think so. i know what all of us know from the media, there were...